Flight delay and cancellation compensation, BA ONLY

legal_magpie

David, I would make a formal complaint to the CAA along the lines that BA rejected your case on spurious grounds which forced you to use CEDR. I doubt whether it will do any good but the more people who complain that airlines are trying to wriggle out of their obligations the better.

Gill28

JPears wrote: »

Remember the delay is your actual arrival time (doors open) compared to scheduled arrival time. Not the departure times. Did you arrive 3 hours later than your original scheduled arrival time?

Yeah I understand that, hence why I wondered if I had a claim for the fact that they just bumped us off the flight and we were still there in plenty time.

Ally1

Our BA flight (DLM to LGW) was delayed. The delay exceeded 3 hours. We received a letter from BA (at check-in) saying the delay had been caused by the late arrival of the incoming flight. I made a claim for compensation and received this response.

Your claim’s been refused because the BA flight was delayed because of outbound rotational delay due to operational circumstances outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.

Is this correct or are they trying to 'fob me off ?

When we got on board the Captain made an annoucement about the delay and made comment about the crew hours. He said we are lucky because BA was going to cancel the flight but the crew agreed to work extra flight hours which he had to get permission for?.

Has anyone any advice or received a similiar reply from BA.

Thanks

Tyzap

Ally1 wrote: »

Our BA flight (DLM to LGW) was delayed. The delay exceeded 3 hours. We received a letter from BA (at check-in) saying the delay had been caused by the late arrival of the incoming flight. I made a claim for compensation and received this response.

Your claim’s been refused because the BA flight was delayed because of outbound rotational delay due to operational circumstances outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.

Is this correct or are they trying to 'fob me off ?

When we got on board the Captain made an annoucement about the delay and made comment about the crew hours. He said we are lucky because BA was going to cancel the flight but the crew agreed to work extra flight hours which he had to get permission for?.

Has anyone any advice or received a similiar reply from BA.

Thanks

Hi Ally1,

It sounds like a load of bunkum to me. Provided your arrival at LGW was 3 or more hours late I believe you have a good case.

Put your details into a couple of online flight delay calculators such as this one at Botts and see if they also believe it is a valid claim.

https://www.bottonline.co.uk/flight-delay-compensation/calculator

If they also agree that you have a valid claim, go back to BA and inform them that the reasons they have given are not an extraordinary circumstance. If they refuse to change their stance ask them to refer your case to CEDR, who should find in your favour.

Read Vaubans guide, details just below here, for lots of info on claiming.

Good luck.

Ally1

That's what I thought - sounded like a standard reply
Botts say 'claim my compensation" 400 euros per person !
So I need to escalate
Thanks for the info

D.Mackenzie

Quite new to this forum stuff so I will try to be succinct in my background statement & question.

We are a group of 5 travelling BA from Edinburgh to Boston via Heathrow.

Our flight from Edinburgh was delayed (we were told the computers were down and every flight was getting affected)
When we finally left Edinburgh and arrived at Heathrow we had just missed our connection to Boston.
(Heathrow now told us our Edinburgh flight had been delayed due to weather!)
No seat availability for the next 2 BA flights to Boston so BA put us in the Holiday Inn for the night & transferred our flight and we flew out the next morning with Delta airlines… finally arriving in Boston around 17 hrs later than originally booked.

We had originally paid for BA seating and for hotel & car hire in Boston.

Our return journey was no better our BA flight to Heathrow was late in arrival and we again missed our BA connection to Edinburgh...we had to wait in Heathrow for 10 hrs as there was no availability on the next 2 flights…finally arriving back in Edinburgh around 10 hours later than booked.
All tickets were booked as ‘through ticketing’

The BA compensation website is a minefield so all I’m looking for is guidance as to where I should begin and what should I expect…can I pursue a claim for both BA journeys outward and return?…and for loss of car hire and missed hotel booking in Boston?

Any guidance gratefully received.
Many Thanks in advance.
Duncan MacKenzie

Caz3121

have a look for "Vauban's Guide" (google)
check your flight details in EUClaim and bottonline checkers (helps identify if any EU261 compensation is due - maybe not)
any other questions should be on the BA thread https://forums.moneysavingexpert.com/discussion/4384701/flight-delay-and-cancellation-compensation-ba-only
worth checking with travel insurance re hotel and car hire

agardner89

Hi all,

Hoping someone can tell me if I stand a right to escalate an already rejected claim to BA from last year.

Last November, me and my ex partner travelled from Newcastle to LHR and then planned under the same trip to go New York. This was when the heavy snow hit the UK in November. The flight from NCL to LHR was on time and landed about 15 mins late. No issues as we had about 90 mins between flights, and everything was organised as a single ticket. We boarded the LHR to NYC flight in good time, were told that there was a small delay due to the snow but rest assured the pilot had confirmation we were to be de-iced and on our way. about 2 hours later the plane was de-iced and sat on tarmac waiting for Air Traffic control to send us on our way. However, 6 hours after this we were still sat on tarmac, despite other planes landing, refueling, deicing and then taking off (I remember this as a Seattle flight landed after our NYC plane but took off after our de-icing, I assume they were de-iced next in line).

As we were on 8 hours now an announcement was made that due to the lack of air traffic control free spaces the crew would hit their working limit and the flight would be cancelled and we would have to try and get the next available flight the following day.

We followed process of booking an emergency hotel, keeping receipts for the food, hotel, transport. by this point (11pm) we had been up since 4am so tired beyond anything.

We managed to get the next flight the following day but the baggage did not turn up, so process was followed of buying essentials and keeping receipts.

BA accepted the claim for the hotel, transport, food and essentials, but have rejected the cancelled flight compensation I believe I am entitled to given the distance and BA have already accepted the claims for the other items. I also found an EU article on a similar issue in a german airport where the airline did not have enough de-icers to service plans, LHR only had a single de-icer that day despite the warnings on the weather, which to me isnt an unforeseen circumstance

Can anyone confirm? I'm happy to go through the CEDR process.

jpsartre

I can see it go either way, both with CEDR and in small claims court.

Caz3121

agardner89 wrote: »

BA accepted the claim for the hotel, transport, food and essentials, but have rejected the cancelled flight compensation I believe I am entitled to given the distance and BA have already accepted the claims for the other items.

just to note that these are different elements of EU261
Duty of care (hotel, food etc) is due to the passenger irrespective of the reason for the delay. Can be weather/ATC etc and Duty of Care still due
EU261 compensation is due when the reason for the delay is something the airline can control (not ATC. not weather)
try putting your flight details into EUClaim and bottonline free checkers and see what their view is